Bilokin R. Criminal Procedure Responsibility: Scientific and Legal Principles

The thesis presented a comprehensive analysis of the scientific and legal provisions of the criminal procedural responsibility, developed and substantiated a conceptual approach to the understanding of its essence. The genesis of legislation to regulate the criminal procedural responsibility was studied. The theoretical approaches to the understanding of criminal procedural responsibility were explained and its definition was formulated. The correlation between coercive measures, sanctions and responsibility in criminal proceedings was clarified. The place of the criminal procedure responsibility in the system of legal responsibility was determined and its classification was developed based on various criteria. The legal, factual and procedural grounds for application of criminal procedure responsibility were explained. It is proved that the responsibility for criminal procedure violation, which is not socially dangerous, but features the signs public hazard, should be defined in the Criminal Procedure Code of Ukraine. The stages of applying the criminal procedural responsibility were described. The analysis of the procedural form of applying the criminal procedural responsibility of property nature was performed and the need for expansion of the grounds for imposing the monetary penalties was determined. The measures of criminal procedure responsibility of non-property nature were characterized. The system of safeguards of performing the chosen preventive measure duties was clarified. The system and hierarchy of the criminal procedure responsibility measures for the trial order violators were defined.